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DE SB206

Bill

Status

Passed

7/23/2014

Primary Sponsor

Bryan Townsend

Click for details

Origin

Senate

147th General Assembly

AI Summary

  • Creates Delaware Servicemembers Civil Relief Act (Chapter 25D) providing protections for military servicemembers in civil actions and proceedings.

  • Requires courts to obtain affidavit confirming defendant's military status before entering default judgments; appoints attorney to represent servicemembers in military service if judgment would otherwise proceed.

  • Grants servicemembers 90-day minimum stay of proceedings when in active military service and allows extension of stays for service members unable to appear due to military duties, with commanding officer verification.

  • Caps interest rates at 6 percent on pre-service debts during military service (and one additional year for mortgages); prohibits penalties accruing during stays and allows courts to reduce fines if servicemember's ability to pay was materially affected by service.

  • Allows servicemembers to apply for relief from obligations and tax assessments during or within 180 days of release from service; establishes penalties up to $10,000 per violation for creditors who violate act protections, with each day of willful violation counted separately.

Legislative Description

An Act To Amend Title 6 Of The Delaware Code Relating To Protecting Military Servicemembers From Abusive Practices.

Last Action

Signed by Governor

7/23/2014

Committee Referrals

Veterans Affairs5/13/2014
Judiciary4/29/2014

Full Bill Text

No bill text available